Ogden v. Devlin

Decided November 11, 1879

The Superior Court of New York City · decided 1879-11-11

Appeal by defendants from an order denying their motion for the substitution of an attorney in place of the one originally retained by them. The original attorney was the respondent. The appeal is from an order denying defendants’ motion for a substitution of attorney. On the motion it appeared that no complaint was made against the attorney, and that the object for which the benefit of his services was required had been accomplished.

Decided 1879-11-11

Freedman, J.,

¶1wrote for reversal, holding the proposition stated in the head-note ; and further holding that *632defendants’ motion should be granted by, the entry of an order providing that it be referred to a referee to ascertain and determine what amount, if any, is due to the attorney of record for his services rendered as attorney and counsel, and that, upon the coming in and confirmation of the report of said referee, and the payment by the defendants of the amount so reported due, if any, and the expenses of said reference, Frank J. Dupignac be substituted as the attorney for the defendants in the place and stead of Charles Gr. Dahlgren.

¶2Curtis, Ch. J., concurred.